Court No. - 64
Case :- APPLICATION U/S 482 No. - 21865 of 2019 Applicant :- Manoj Maurya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishna Dutt Awasthi,Girja Shanker Sen Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material brought on record.
By way of the instant application, the applicant has sought to quash the summoning order dated 02.02.2019 passed by the Additional Court, Muzaffarnagar in Complaint Case No.4609 of 2018, under Section 138 of the N.I. Act, P.S. Nai Mandi, District Muzaffar Nagar, pending in the court of Additional Judge, Muzaffarnagar.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that the proceeding initiated against applicant is in sheer misuse of the process of the Court. The documents placed on record carry substantive allegations which have been backed up by sufficient material for drawing the proceeding against the applicant. Therefore, the prayer for quashment of the proceeding is refused.
However, in case, the applicant moves appropriate application for redressal of his grievance before the court concerned, the same shall be considered and disposed of by the court below by passing a speaking and reasoned order in accordance with law, if convenient on the same day provided the applicant cooperates in disposal of the same.
With the above directions/observations, this application is finally disposed of.
Order Date :- 31.5.2019 Raj